Shyam Ji alias Bablu vs State of U.P.& others

Alok K. Singh, J.

Heard the learned counsel for the applicant, learned A.G.A. and perused record.

The applicant is involved in Case Crime No.227 of 2007, under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Khondarey, District Gonda.

It is submitted the applicant happens to be an unfortunate husband who is languishing in jail for the last about two years and even a charge could not be framed till date as would be apparent from the perusal of the report received from the court below. Nevertheless, there are allegations of demand of dowry and consequential harassment immediately before death. Moreover there is an unnatural death (burning) within seven years of marriage.

The bail is vehemently opposed by the learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected.

However, it is submitted that the applicant is languishing in jail for the last about two years and even a charge has not been framed. Secondly it is submitted that his sister''s marriage is going to be performed on 28.05.2009 i.e. after three days. This averment has not been controverted from the other side.

Keeping in view the humanitarian aspect of the matter, I find it to be a fit case for granting short term bail for two weeks only.

Let the applicant (Shyam Ji alias Bablu) be enlarged on short term bail for two weeks from the date of his release, on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.

He shall surrender immediately after expiry of the aforesaid period of two weeks before the court concerned.

The applicant happens to be husband who is facing a case under Sections 498A, 304B I.P.C. and 3/4 of D.P. Act. Having regard to the fact that the applicant is languishing in jail for the last about two years and even a charge has not been framed till date, therefore, the learned trial court is directed to conclude the trial expeditiously.